( 1 ) 1. This is a 1st defendant's appeal directed against the Judgment and Decree dated 31-10-1986 passed in OS. No. 1136/1980 on the file of the II Additional City Civil Judge, bangalore City. In the course of this Judgment we will refer to the parties by the ranks assigned to them in the trial Court.

( 2 ) THE plaintiff-Kapurchand, a businessman carrying on business at Bangalore paid in all a sum of Rs. 60,000/- to the defendant, a partnership firm, discounting three cheques drawn by the 1st defendant in favour of the 2nd defendant. He obtained on printed discount forms the signatures of the partner of the 2nd defendant firm evidencing payment of cash to the 2nd defendant. When the cheques were presented after the due dates, they came to be dishonoured. Therefore, the suit for recovery of money together with interest at 18 per cent per annum which the 2nd defendant to pay at the time of discounting in case of dishonour of the cheques. The defendants were served with notice of suit and only the 1st defendant entered appearance. The 2nd defendant did not appear and therefore he was placed ex parte.

( 3 ) THE 1st defendant filed the written statement admitting the fact of having dr

Click Here to Read the rest of this document